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HomeMy WebLinkAboutCC ORD 2005-2259 Amends §§ 18.14.092 and 18.14.310, rezone, zoning (18.14)ORDINANCE NO. 2005 — 2259 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM GP-PZ (RS-2) TO GP-PZ (RT) FOR A 4.2 ACRE PROPERTY ON THE EAST SIDE OF CYPRESS STREET, AND ADOPTION OF AN AMENDMENT TO TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE REGARDING THE NUMBER OF UNITS PERMITTED ON A LOT IN THE RT ZONE AND SEPARATION OF BUILDINGS ON A LOT IN THE RS-3, RT, AND RM-1 ZONES APPLICANT: CYPRESS GLEN LLC CASE FILE NOS. GP-2004-2/A-2004-3 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and WHEREAS, the City Council found that on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and adopted a proposed Negative Declaration which addresses both said General Plan amendment and Municipal Code amendment and includes potential changes to community character, continued and uninterrupted law enforcement and fire protection services, adequate provision of utilities (water, sewer, power, communications) and the ability of Cypress Street and other nearby roads to absorb the traffic generated by the project, and as requested by LAFCO, the Negative Declaration not only covers the proposed Zone Change, amendments, and development, but also future annexation that LAFCO will consider, and NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and Municipal Code, and each of them be and hereby are denied and overruled. Section 2. That all the real property described below is hereby rezoned as follows: From GP-PZ (RS-2) to GP-PZ (RT) for a 4.2 acre property on the east side of Cypress Street, as described by case file exhibit (GP-2004-2, A-2004-3/S-2004-13/IS- 2004-10) on file in the office of the City Clerk as Exhibit "A"; and Section 3. That Section 18.14.092 of Title 18 of the Municipal Code be amended to read as follows for the RT Zone: RT 2, except that for detached single-family condominium units a greater number is allowed, as specified by an approved subdivision. Section 4. That Section 18.14.310 of Title 18 of the Municipal Code be amended to read as follows: 18.14.310.1 Spacing of buildings. A. If two or more dwellings are placed on the same lot in the RT, RM or RS-3 zones, they shall be at least 10 feet apart if placed side by side, and at least fifteen feet apart if located in any other manner; except, however, a lesser standard may be permissibly by an approved subdivision. Section 5. That a Notice of Determination shall be filed indicating that the. rezoning will not have a significant effect on the environment. PASSED and ADOPTED this 15TH day of FEBRUARY % , 2005. ATTEST: A Mic ael R. Dalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2005 Ordinance 2 Nick In Rezoning Certain Parcels of Real Property Passed and adopted by the Council of the City of National City, California, on February 15, 2005, by the following vote, to -wit: Ayes: Councilmembers lnzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California rk of the City National nal City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on February 1, 2005, and on February 15, 2005. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2005-2259 of the City Council of the City of National City, passed and adopted by the Council of said City on February 15, 2005. City Clerk of the City of National City, California By: Deputy